Legal Question in Wills and Trusts in California

Re: estate administration

this question cannot be answered without reviewing the trust instrument. you should consult an attorney as to this question (and the many other duties and responsibilies of a trustee).

Re: estate administration

I will need to review the trust documentation in order to give you an educated response. Generally, the Trustee has little or no discretion when the Trustor has given express direction(s).

Re: estate administration

It depends on the conditions of the trust. If you (as trustee) were given the power to either A). make gifts according to the gifting that your grandmother was making; B). make gifts to beneficiaries (if great grandson was) or heirs for educational purposes; or some other similarly phrased expression.... Then you will most likely have the power to do so. Also, if your Grandmother had some type of agreement to make tuition payments their might be a chance that you could continue doing so.

I would recommend that you do not make any such disbursements from the trust until you consult an attorney, which you probably should be doing as trustee in the first place.

I would recommend that you do not make any such dispersments from the trust until you consult an attorney, which you probably should be doing as trustee in the first place. It is very easy to make mistakes as a trustee, and you are generally liable for those mistakes. Hiring counsel not only gives you a resource to help you make decisions, but also provides you with a potential "buffer" (meaning if the attorney screws up or gives you bad advice, they will probably be liable to you for the mistake).